TERMS OF USE
PLEASE REVIEW ALL OF THESE TERMS OF USE CAREFULLY BEFORE UTILIZING AND/OR PURCHASING ANY PRODUCTS FROM THE WEBSITE. AS BY UTILIZING THE WEBSITE, YOU AGREE TO BE BOUND BY THE BELOW TERMS OF USE (“Terms”).
Definitions
“Company” shall mean A.I.M. Distribution, LLC, its subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents.
“Information” shall mean any information, product details, descriptions, images, or logos, text, illustrations, data, designs, icons, content, photos, or materials on the Website.
“Loss” or “Losses” shall mean any cost, charge, fee, damages, liabilities, judgments, settlements, interest, penalties, fines, actions, lawsuits, claims, or expenses of whatever kind, including reasonable attorney’s fees.
“Products” shall mean any items, goods or services sold, offered or presented on the Website.
“Website” shall mean www.aim-distribution.com, and all related functionality and Information offered by, on or through www.aim-distribution.com.
“You” or “Your” shall mean any user or person who utilizes the Website.
Representations and Warranties
By utilizing the Website, you represent and warrant that:
1) You alone, are solely responsible for maintaining the confidentiality and security of your username, password and Website account. The Company will not be responsible for any Losses or purchases from the unauthorized use of your account.
2) You agree to indemnify, defend and hold harmless the Company from any Losses incurred by the Company from your use of the Website.
3) You are of a legal age to be bound by these Terms.
4) You will not make available through or in connection with your use of the Website any virus, worm, Trojan Horse, Easter egg, spyware, or other computer code, file or program that may be harmful or intended to damage, or hijack another user’s equipment, hardware, software, or information.
5) You will only use the Website for commercial lawful purposes.
6) You will not utilize the Information on the Website for advertising, solicitation, or any other unauthorized use.
7) You will not reverse engineer, reproduce, modify, translate, distribute, sell, lease, rent, loan, or otherwise partake in any unauthorized use of any Information on the Website.
8) You will not disrupt or interfere with other user’s use of the Website, or the Company’s ability to maintain the website.
9) All data provided by you on the website will not be:
- i) inaccurate, fraudulent or misleading;
- ii) obscene, pornographic or indecent in nature;
iii) illegal and/or violate any local, state, federal or international law, regulation, code, or otherwise;
- iv) derogatory, defamatory, threatening, violent, harassing, abusive, hateful in nature;
- v) unauthorized and/or impersonates another user, business, entity, organization or the Company;
- vi) contains solicitations, advertisements, spam, or other links to other websites.
Products
Purchasing Products
By providing payment card information to the Company or on the Website, you are authorizing the Company to store and use the card as a payment method for purchases on the Website. Further, prior to accepting an order, the Company may request additional information from you.
The Company reserves the right to cancel or refuse an order for any reason, including, but not limited to, errors in Product or pricing information, limited quantities of the Product purchased, or inaccurate or unauthorized billing information.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as any and all shipping and handling charges and applicable taxes.
The Company will not be able to confirm the price or the availability of a Product, until after your Product has been purchased. A confirmation email or receipt of a Product purchased will not constitute acceptance by the Company of a placed order.
No Representations of Products
The Company makes no representations as to the Products on the Website, this includes, but is not limited to, representations as to the completeness, accuracy, reliability, validity, pricing, or timeliness of Products. Further, any Information regarding the Products on the Website may be changed, at any time, without notice.
Damaged or Nonconforming Products
Products that are damaged or nonconforming upon delivery will be eligible for replacement. However, buyers must notify the Company within 24-hours of delivery of the damaged or nonconforming product. Failure of buyers to notify the Company within 24-hours, shall constitute waiver of their right for replacement.
Delivery of Products
Once you place an order, and the order is confirmed by the Company, Products purchased will be shipped to the address you designate.
Any delivery time quoted by the Company is only an estimate, and the Company shall not be liable for any Loss that arises from any delay in filling, completing or delivering an order.
Products will need to be signed by an authorized representative upon delivery. Once a Product is delivered to you, you, not the Company, will be liable for any risk of loss or damage.
Returns
- No Cash Refunds will be provided. Buyer’s will receive credit on their account or refund on a credit-card.
- Products purchased from the Website or from the Company must be returned within ten (10) days upon being delivered. Products must be unused, unopened, and in “like new” condition to be returned back to the Company for a refund.
- Further, any Products returned, will be assessed a 25% restocking fee, and must be returned to the Company, at the buyer’s expense. Once a return is received by the Company, it will be processed, and inspected. Once it is inspected and confirmed to be in unused, unopened and in “like new” condition, a refund will be issued within ten (10) business days.
Indemnification
You agree to defend, indemnify and hold the Company harmless from any and all losses that arise or that are related to your use of the Website, breach of applicable law, or violation of these Terms. The company reserves the right, at your expense, to take full and exclusive control of the defense of any matter in which you would owe an indemnification to the Company.
The Company may negotiate and settle any matter where an indemnification would be owed by you to the Company, and you will be required to cooperate with the Company in any defense, negotiation and settlement.
Warranties
THE WEBSITE AND ALL INFORMATION, PRODUCTS, FUNCTIONATLITY AND OTHER ITEMS ON THE WEBSITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY TYPE OR KIND, WHETHER THOSE ARE EXPRESS, IMPLIED, OR OTHERWISE, AS TO THE PRODUCTS, WEBSITE, FUNCTIONALITY, AVAILABILTY, ACCURACY, OR ANY OF THE INFORMATION ON THE WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES FOR MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, THIS INCLUDES, BUT IS NOT LIMITED TO, ANY PRODUCTS OFFERED, SOLD OR PRESENTED ON THE WEBISTE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT TO THE FULLEST EXTENT OF APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU AGREE TO ASSUME FULL RESPONSIBILTY FOR YOUR USE OF THE WEBSITE, AND AGREE THAT ANY INFORMATION PROVIDED BY YOU ON THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED FOR UNAUTHORIZED USE.
NOTWITHSTANDING THE FORGOING, THE ABOVE PARAGRAPH DOES NOT LIMIT ANY TYPE OF PRODUCT WARRANTY OFFERED BY A MANUFACTURER OF A PRODUCT SOLD BY THE COMPANY.
Liability
BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, OR OTHER PARTY, UNDER ANY CIRCUMSTANCES FOR ANY LOSSES YOU INCUR, AS A RESULT OF YOUR USE OF THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO WHETHER A CLAIM IS RAISED UNDER A THEORY OF STRICT LIABILITY, CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS EVEN IF THE COMPANY OR A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE LOSSES YOU INCURRED.
Arbitration
Claims subject to Arbitration: Except as provided herein, any and all claim(s) between you and the Company including those arising from or relating to your use of the Website, shall be subject to final, binding and individual arbitration under the Federal Arbitration Act (“FAA”). The FAA applies to these Terms because the Company’s business involves interstate commerce. Claims subject to arbitration shall include, but are not limited to, claims related to or arising from breach of contract, tortious conduct, unlawful conduct, discrimination, harassment, retaliation, and any other claims, whether such claims arise under any contract, agreement, statute, regulation, ordinance, common law, public policy, constitution or any other source.
Class, Collective, Group and Representative Action Waiver: To the maximum extent permitted by law, and except where expressly prohibited by law, arbitration on an individual basis is the exclusive remedy for any claims. Claims must be brought on an individual basis, and neither the Company nor you may file any class, collective, group or representative actions in a court, arbitration forum, or any other legal forum or proceeding, including. This provision includes any and all claims even if such claims could otherwise be brought on a class, collective, group or representative action basis. Covered claims pertaining to different parties will be heard in separate proceedings, unless the Company and you agree to waive this provision in writing. No arbitrator shall have the authority under these Terms to order any such class, group, collective or representative action in arbitration or combine individually filed arbitrations into a class-wide arbitration or collective arbitration.
Process and Procedure for Arbitration: Arbitration will be subject to the then existing rules administered by the American Arbitration Association under its Employment Arbitration Rules which can be found at the following web address: https://www.adr.org/sites/default/files/Commercial_Rules-Web.pdf. The arbitrator, and not a court of law, shall have the power to rule on his or her own jurisdiction and on any objections regarding the existence, scope or validity of the agreement to arbitrate and the arbitration clause itself. Awards shall include the arbitrator’s written reasoned opinion. Resolution of all disputes, including whether and to what extent attorneys' fees should be awarded, shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law; otherwise, all remedies are available.
Severability: If any provision of this Arbitration Section is determined to be invalid or unenforceable, that portion shall be severed out and the remainder of this Arbitration Section and each provision of these Terms will remain valid and enforceable.
Applicable Law: The FAA shall govern the interpretation and enforcement of this Arbitration Section of the Terms.
Miscellaneous
- I) Entire Agreement: These Terms represent the complete agreement and understanding between you and the Company, and supersede all prior agreements with respect to the subject matter of these Terms.
- II) Severability: In the event that any sentence or section of these Terms shall be held to be unenforceable, such sentence or section shall be revised only to the necessary extent to make the sentence or section enforceable. The other Terms shall remain enforceable and unchanged.
III) Notice: The Company may provide notice to you and other users by posting on the Website or by sending an email. You are responsible for regularly checking the Website and your email for any notices by the Company.
- IV) Relationship of the parties: These Terms shall not be construed to create a partnership, joint venture, employer-employee relationship, agency, or any other similar type of relationship between the Company and you.
- VI) Amendment: These Terms may be amended from time-to-time, at Company’s discretion, with or without notice. It is your responsibility to check these Terms periodically, or with each use of the Website.
VII) Successors and Assigns: These Terms is binding on and inures to the benefit of the Company and its successors and assigns. The Company may assign its rights or delegate any of its obligations under these Terms to an affiliate or any other third-party.
VIII) Cumulative Remedies: All rights and remedies provided in these Terms are cumulative and not exclusive
Privacy Policy
This Privacy Policy (the “Policy”) applies to all the data and personal information in the Company’s possession, whether collected online or offline by the Company (the “Personal Information”). All Personal Information collected shall be governed and processed pursuant to the terms in this Policy.
This Policy may be updated and revised from time-to-time. The Company will provide reasonable notice to you, by either emailing you, posting a notice online, or triggering a push message on the Website.
If you do not agree to the terms of this Policy, whether in its current form or after it has been updated or revised, your sole and exclusive remedy will be to discontinue your use of the Website. However, by utilizing the Website, you consent to the Company’s collection, use, storage and in some cases, disclosure of your Personal Information.
Application of this Policy
This Policy applies to you and any user or visitor of the Website, and any employee, applicant, agent, or contractor of the Company.
This Policy further details how Personal Information is collected, processed, stored, how it is shared and transferred, and the rights that individuals have regarding their Personal Information.
How the Company collects your Personal Information
The Company collects your Personal Information though its websites, social media, applications, at Company events, through phone, email and fax, job applications, in-person, and through other means that you explicitly authorize, or in which you utilize to provide Personal Information to the Company.
As permitted under law, the Company may collect the following types of Personal Information:
|
Category |
Examples |
Collected |
Purpose for which information is Used |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. |
YES |
Creating and managing online accounts on the Website, use of Company applications, and communication with applicants, employees, and other employment related services. |
|
B. Personal information |
A name, signature, Social Security Number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
YES |
Creating and managing online accounts on the Website, use of Company applications, and communication with applicants, employees, and other employment related services. |
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
YES |
To audit the Company’s interactions, transactions, and compliance with applicable laws. |
|
D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
NO |
N/A |
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
N/A |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
To protect you and other users, and visitors of the Website and Company applications against malicious and illegal activity. |
|
G. Geolocation data. |
Physical location or movements. |
YES |
To provide you with the Company’s local services. |
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
N/A |
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
YES |
Creating and managing online accounts on the Website, use of Company applications, communication with applicants, employees, and other employment related services. |
|
J. Non-public education information |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
N/A |
|
K. Inferences drawn from other personal information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
NO |
N/A |
How Personal Information collected is utilized by the Company
The Personal Information collected is only utilized in conjunction with the providing of the Company’s services. The Company will never sell Personal Information to a third-party, and will only utilize your Personal Information to the extent necessary to provide its services to you.
Some examples of the Company utilizing your Personal Information shall include, but are not limited to:
1) Creating, managing and editing your online profile on the Company’s Website.
2) Send you advertisements based on the Company’s products and services.
3) Assist you in your search for the Company’s products and services on its Website.
4) Provide assistance to you with your profile on the Website.
5) Complying with and enforcing applicable laws, Company policies, and in the defense of legal claims against the Company.
7) Performing data analytics and audits.
However, there may be instances where the Company is required to disclose your Personal Information to a third-party, such as, but not limited to, the following instances:
- i) If the Company is required to under applicable law;
- ii) if your Personal Information is lawfully requested by the authorities or other government official, agency or office;
iii) If the Company were to sell, assign, or transfer a portion of its business or its assets to a third-party.
Your rights regarding Personal Information
1) You have the right to have your Personal Information that has been collected by the Company removed and deleted, except to the extent that the Company is required to maintain your Personal Information.
2) You have the right to have your Personal Information that has been collected by the Company corrected if it is inaccurate.
3) You have the right to know the categories, and specific Personal Information that the Company has collected about you.
4) You have the right to know the categories of sources from which the Company collected your Personal Information from.
5) You have the right to know the Company’s purposes for collecting and using your Personal Information.
6) You have the right to know the categories of Personal Information that have been disclosed to third-parties.
7) You have the right to not be discriminated against for exercising your rights under this Policy.
8) You have the right to request information from the Company about whether it has disclosed your Personal Information to any third-parties for direct marketing purposes.
How to exercise your rights
To exercise your above rights, you can contact the Company Human Resources Department at HR@cor-tech.net or you can send your request to the below mailing address:
Cortech LLC
Attn: Human Resources Department
710 Morgan Falls Road
Atlanta, GA 30350
Please be advised that the Company will need to verify your identity or that you are an authorized agent on all requests made to the Company.
Non-Discrimination for exercising your rights
Please be advised that the Company will not discriminate against you for exercising your privacy rights under applicable Privacy Laws.